HomeMy WebLinkAboutMinutes P&Z 092397CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
September 23, 1997
MINUTES
The Regular Meeting of the Planning and zoning Commission of the City
of Palm Beach Gardens, Florida, was called to order by Chair Diane
Carlino at 7:30 P.M. in the Assembly Room at the Municipal Complex,
10500 North Military Trail, Palm Beach Gardens, Florida, and opened
with the Pledge of Allegiance to the Flag.
ITEKS BY CITY MANAGER
City Manager Bobbie Herakovich announced that review of the new City
Hall plans would be scheduled on the Planning and Zoning Commission
agenda upon receipt of final elevations. The City Manager reported
that the landscape plans and traffic concurrency report had not yet
been received, and that the Commission would receive periodic updated
on progress of those items. City Manager Herakovich announced a
workshop meeting to be held November 11, 1997 to meet Roxanne Manning,
the new Growth Management Director.
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ITEKS
BY GROWTH
MANAGE 04T DIRECTOR
There
were no
items by the Growth
Management Director.
There were no items by the City Council Liaison.
APPROVAL OF MINUTES
Minutes of September 2 - Chair Elect Mignogna made a motion to approve
the minutes as submitted. Mr. Ornstein seconded the motion, which
carried by 6 -0 vote. Mr. Jones abstained.
Minutes of September 9 - Chair Elect Mignogna made a motion to approve
the minutes as submitted. Mr. Nedvins seconded the motion, which
carried by 6 -0 vote. Mr. Ornstein abstained.
Minutes of August 12.1997 - Chair Elect Mignogna made a motion to
approve the minutes as submitted. Mr. Paganini seconded the motion,
which carried by 4 -0 vote. Mr. Jones, Mr. Channing, and Mr. Ornstein
abstained.
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Planning & Zoning Commission Minutes
September 23, 1997
SITE PLAN AND APPEARANCE REVIEW COMITTEE
The roll was called by Planner Bahareh Keshavarz, Secretary for the
meeting.
Present Absent
Chair Diane Carlino John Glidden
Chair Elect William Mignogna Thomas Pastore
Chair Pro Tem Jeffrey Ornstein
Joel Channing
Christopher Jones
John Nedvins
Thomas Paganini
Also present at the meeting were Assistant City Manager Greg Dunham,
City Attorney Carole Wallace, City Council Liaison David Clark,
Principal Planner Marty Minor, and Planner Bahareh Keshavarz.
Variance: Petition VAR -97 -02 Trinity United Methodist Church Zoning
Variance: A request by Anthony S. Oliver, agent for Trinity United
Methodist Church, for the approval of a variance from Section 118 -473
of the Zoning Code pertaining to the location of parking spaces. This
petition is in conjunction with the request for an amendment to the
approved site plan for Trinity United Methodist Church located at 9625
X. Military Trail.
Principal Planner Marty Minor reviewed the staff report dated
September 16, 1997. Mr. Minor stated that this was a request for
variance from Section 118- 473(c) rather than 118.473 as stated in the
staff report.
Ed Oliver, agent for the petitioner, presented the petition for
variance. Mr. Oliver explained that parking had been distributed
throughout the 19 -acre parcel, and his firm had attempted to relocate
parking to logical areas at points of access so that people would not
be required to walk great distances. Mr. Oliver pointed out that with
land located in Palm Beach County, North Palm Beach, and Palm Beach
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Planning & Zoning Commission Minutes
September 23, 1997
Gardens, that there could possibly be a question of whose code should
apply; and also commented that there were over 600 cars, which the
church felt was a positive factor. Mr. Oliver expressed his opinion
that the Board should consider those factors in deciding whether to
grant the variance request. Mr. Oliver reviewed the conditions which
staff had advised must be met in order to grant approval of this
variance: that approval would not be detrimental or injurious to the
area involved or to the public welfare; that approval would be in
harmony with the general purpose of the code; that the number of
parking spaces requested had been reduced making the Ballenlsles
easement the minimum required variance; that the City would not be
setting a precedent because this is such a specific instance; that if
the church did not have these spaces they could still hold church
services but a hardship would be created for elderly and children by
not being able to park near the proper entrance; that the applicant
did not create the conditions; and that several things were unique to
this parcel, including the fact that the adjacent property owner had
joined with the applicant to request formalizing this parking.
Chair Carlino questioned why parallel parking had not been designed,
to which Mr. Oliver responded that it was easier to pull into a
• parking space than to parallel park. Mr. Channing questioned whether
the Board was allowed to find hardship, to which Attorney Wallace
responded it was the Board's decision, and commented that there were
several contingencies that would have to happen if the Board approved
the variance. Mr. Oliver responded to Mr. Jones that the church
currently had 191 spaces over code requirement. Mr. Jones questioned
the landscaping around the dumpster. Mr. Oliver responded to a
question regarding maintenance of the grass parking spaces that this
parking had been in use for approximately 20 years and there had been
no problems with maintenance during that time. Mr. Minor advised that
maintenance should be a condition of the site plan petition. Mr.
Jones questioned the lack of a guard rail, to which Mr. Oliver
responded that the applicant believed the rail was not necessary and
believed that concrete wheel stops used in conjunction with existing
landscaping would be sufficient. Mr. Minor spoke in favor of a guard
rail. Mr. Jones expressed his opinion that granting of this petition
would only enhance the site from both the City's and the applicant's
standpoints, recommended a guard rail, and suggested that the
applicant not delete 39 parking spaces in some other area. Mr. Oliver
agreed that the 39 spaces would not be used to increase development
intensity. Chair Elect Mignogna suggested diagonal parking, in
response to which Mr. Oliver explained how the traffic flow would be
changed. Mr. Ornstein expressed his opinion that there was no
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Planning & Zoning Commission Minutes
September 23, 1997
hardship and suggested use of parallel parking with larger spaces to
make parking easier. Both Mr. Ornstein and Mr. Paganini agreed with
the need for a guard rail. Mr. Ornstein did not agree that the
variance was needed. Mr. Oliver responded to the suggestion that a
tree be planted in front of each parking space that there was not
room.
Chair Carlino declared the Public Hearing open.
Dave Clark, 134 Satinwood, expressed his opinion that there was no
hardship, that this would be a lot of extra work for staff and for the
City Council, and that the Board must base their decision on Code
requirements.
Hearing no further comments from the public, Chair Carlino declared
the Public Hearing closed.
Mr. Oliver commented that one person's hardship might not be a
hardship for another person.
Mr. Ornstein made a motion to recommend denial to the City Council of
Petition VAR- 97 -02. Mr. Nedvins seconded the motion. Mr. Charming
commented that this was a self- imposed hardship, however, no one would
be hurt by granting this variance. The motion carried by
4 -3 vote.
City Council Liaison David Clark left the meeting at this point.
PLANNING AND ZONING COMMISSION
The roll was called by Planner Bahareh Keshavarz, Secretary for the
meeting.
Present
Chair Diane Carlino
Chair Elect William Mignogna
Chair Pro Tem Jeffrey Ornstein
Joel Channing
Christopher Jones
John Nedvins
Thomas Paganini
Absent
John Glidden
Thomas Pastore
Planning & Zoning Commission Minutes
® September 23, 1997
Public Hearing: Petition PCD-97 -01 Ballenlsles PCV Amendment. A
request by Henry Skokowski, agent for Ball enlsl es Development Company,
for the approval of an amendment to the Ballenlsles Planned Community
District generally located east of Florida Turnpike, south of PGA
Boulevard. The petitioner is requesting to modify the perimeter
buffer Section A, located north of Parcel 23 and adjacent to th e
Trinity United Methodist Church, buffer Section 82,1 oca ted west of
Ballenlsles Drive on the north side of Northlake Boulevard, and modify
the exotic plant management plan by not requiring the removal of the
exotic plants within the southwest corner of the project. (14113-42S-
42R)
Principal Planner Marty Minor reviewed the staff report dated
September 15, 1997. Mr. Ornstein questioned Waste Management's
concern with removal of the exotics, to which Mr. Minor responded that
their concern was disturbance of the cap or top of the landfill.
Discussion ensued regarding the State and the indemnification issue.
Mr. Henry Skokowski, agent for the petitioner, read an excerpt from
• a letter written by a representative of the Solid waste Authority
which explained why they supported the petitioner and felt that
removal of the exotics was a significant concern. Mr. Skokowski
explained that the only condition of the conditions of approval
recommended by staff was condition number three, which acknowledged
an update to the Exotic Plant Management Plan, and that this matter
had been addressed to the petitioner's satisfaction. Mr. Skokowski
also noted that language had been added regarding Cypress Hollow so
that if at a future date the City determined that the Australian Pines
in the area previously discussed should be removed, the City would
take administrative responsibility and allow internal review so that
the modification would not require going back through the whole
approval process. Mr. Skokowski verified that the petitioner was
required to install landscaping along Northlake Boulevard under the
original PCD approval and requested acceptance of a letter written by
the petitioner to the City Forester expressing the petitioner's
commitment to do so in lieu of making this a condition of approval.
Mr. Skokowski discussed maintenance of the Northlake Boulevard
landscaping, which the petitioner disagreed should be a condition of
approval. In response to a question by Mr. Jones, Mr. Skokowski
explained that the letter to the City Forester which the petitioner
preferred in lieu of condition number 4 contained the same
stipulations but without the 60 -day and one -year time frames in
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Planning & Zoning Commission Minutes
September 23, 1997
condition 4.
Chair Carlino declared the Public Hearing open. Hearing no comments
from the public, Chair Carlino declared the Public Hearing closed.
Mr. Ornstein made a motion to recommend approval to the City Council
of Petition PCD -97 -01 with the following conditions:
1. The September 15, 1997 Exotic Plant Management Plan and
accompanying exhibits shall be binding for all portions of the
Ballen2sles PCD, and shall supersede the May 3, 1994 Exotic
Plant Management Plan and shall supersede the requirement of
Condition 6 of Ordinance 15, 1994.
2. The petitioner shall complete landscaping plans for the two
medians of Northlake Boulevard adjacent to their project and
submit said plans for permit within 90 days of this approval,
and said landscaping shall be installed within 60 days of the
issuance of a permit from Palm Beach County.
3. The Ballen=sles BOA shall maintain the medians and road
shoulders adjacent to its project within Northlake Boulevard in
perpetuity. in the event a special district is formed by the
City of Palm Beach Gardens, or another entity, pertaining to
Northlake Boulevard, for the maintenance of roadway landscaping,
the BOA shall automatically become a member of said district.
Mr. Charming questioned whether he should abstain from voting on this
petition because of being a resident and builder in Ballenisles, to
which City Attorney Wallace responded that a member of the Commission
should not vote on a petition if they would benefit from it
financially. Mr. Chancing called for clarification of the motion.
Mr. Ornstein explained that the motion deleted staff's recommended
conditions of approval one and two since they no longer applied, but
retained the three remaining conditions. Chair Elect Mignogna
seconded the motion, which carried by unanimous 7 -0 vote.
There was no old business to come before the Commission.
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Planning & Zoning Commission Minutes
September 23, 1997
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Mr. Jones commented that the minutes of September 2, 1997 contained
an error in that he was shown as being present for the last half of
the meeting and seconding the motion to adjourn the meeting, when he
in fact had been absent from the whole meeting.
Chair Carlino re- opened consideration of approval of the minutes of
the September 2, 1997 meeting. Mr. Jones clarified that under the
heading Planning and Zoning Commission on page 5 that he should be
listed under the Absent column and John Nedvins should be listed under
the Present column.
Mr. Ornstein made a motion to table approval of the minutes of the
September 2, 1997 meeting. Chair Elect Mignogna seconded the motion,
which carried by unanimous 7 -0 vote.
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Planning & Zoning Commission Minutes
September 23, 1997
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There being no further business, upon motion by Mr. Ornstein, seconded
by Chair Elect Mignogna, and unanimously carried, the meeting was
adjourned at 8:55 P.M. The next meeting will be held October 14, 1997.
APPROVED • a, (�--
Diane Carlino, Chair
4
iam Mignogna, Chair Elect
(Absent)
John Glidden
Jeffrey Ornstein
(Absent)
Thomas Pastore
Thomas Paganini
Christotoher/ Jones
s, Alternate
Joel Channing, Alternate
Bahareh Kegliavarz, Secretary
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